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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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If I will resign for work or I will the 2yrs...

تم تقييم هذه الإجابة:
If I will resign for work or I will the 2yrs contract should I pay money or should I work for notice period but I'm almost 1yr and 7months in the company..pls give me advice

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

We would like to inform you that according to the UAE Labor Law on termination and you provide resignation and obliged with the notice period legally, then if the contract is unlimited, you can leave the work without the acceptance of the employer. But if it is limited contract then you have to complete the contract’s period.

 

The law regulates that matter in the below articles:

 

Article (113)

An employment contract shall terminate in any of the following cases:

  1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
  2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
  3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.

 

Article (116):

Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.

 

Article (117):

  1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.

 

  1. For the daily-paid workers, the notice period shall be as follows:

 

  • One week: if the worker has been employed for more than six months but less than one year.

 

  • Two weeks: if the worker has been employed for not less than one year.

 

One month: if the worker has been employed for not less than five years.

 

Article (118):

A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.

 

Article (119):

If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.

 

Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.

 

If you have another question, feel free to ask us and we will answer with pleasure.

الرد من العميل

For me I resign I didn't finish my contract for 2yrs then my employer tell me he will cancel my Visa if I will pay money and also I will work continuously in his company for 45days for notice period..what I need to do?is it true

الرد من العميل

Is it true that I will pay my company? And at the same time I will for the company for 45days for notice period?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

 Dear with the cancellation of the visa, it is not possible to work for the employer and therefore if the work contract is specified, you should pay attention, and if you intend the compensation that must be paid to the employer upon termination of work and before the completion of the contract period here and according to the text of Article (116) of the Federal Labor Law, as Article (116) of Labor Law If the worker's contract is terminated for reasons other than those stipulated in Article 121, the worker is obligated to compensate the employer for the loss he has suffered as a result of the termination of the contract, provided that the amount of compensation does not exceed half a month’s wages for a period of three months or the remaining period
Of the contract, whichever is shorter, and all of that is unless there is a provision in the contract stipulating otherwise. Consequently, in the event of a request from you and a desire to finish the work, you will pay all the costs related to the visa and therefore the sponsor can impose a ban on you and thus you will be forced to leave the country.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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